Supreme Court: Even legislature can’t curtail power of contempt

Tribune News Service

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New Delhi, September 29

Observing that its power of contempt can’t be taken away even by a law enacted by the legislature, the Supreme Court today held the chairperson of an NGO guilty of contempt of court for not depositing a fine of Rs 25 lakh imposed on him for “browbeating” the court.

“The power to punish for contempt is a constitutional power which cannot be abridged or taken away even by legislative enactment,” a Bench led by Justice Sanjay Kishan Kaul said, holding Suraz India Trust chairman Rajiv Daiya guilty of contempt of court. Article 129 of the Constitution declares: “The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.” Article 215 makes a similar declaration with regard to high courts’ power of contempt.

“We have little doubt that what the contemnor has been endeavouring is to have his way or, alternatively, I will throw mud at all and sundry, whether it be the court, its administrative staff or the state government so that people, apprehensive of this mud thrown, may back off. We refuse to back off and are clear in our view that we must take it to its logical conclusion,” the top court said.

Holding that Daiya was clearly guilty of contempt of court, the Bench said, “His actions to scandalise the court cannot be countenanced. He continues with his contumacious behaviour. The apologies submitted by him are only endeavours to get out of the consequences again followed by another set of allegations, thus, a charade.”

Maintaining that it was not mandated to give Daiya a hearing on the issue of sentence, the top court said it would still give him one more chance on the question of final sentence and posted the matter for hearing on October 7.

Daiya had sought recall of the top court’s 2017 verdict imposing a fine of Rs 25 lakh for filing 64 PILs and “repeatedly misusing” its jurisdiction and wasting judicial time. He had said he didn’t have the resources to shell out such a huge amount and that he would approach the President with a mercy plea.